Rajya Sabha member Amar Singh's interim bail in the cash-for-vote case was extended by another eight days by a Delhi court before whom his counsel backtracked from his earlier statement that the Bharatiya Janata Party may have been the source of scam money named a Congress member of Parliament.
Special Judge Sangita Dhingra Sehgal extended till September 27 the interim bail of Amar Singh, who pleaded for it on health grounds.
Arguing for his bail, his counsel Ram Jethmalani sprang a surprise naming Congress leader Ahmed Patel as "bribe giver".
"The place of receipt of the bribe was not Amar Singh's home, but Le Meridien Hotel. The person to pay the bribe was not Mr Amar Singh but obviously Mr Ahmad Patel, an MP and a very influential member of the party whose government was to be saved," he said.
Jethmalani said, "I am not suggesting that Patel, on this piece of evidence, should be convicted but if you are influencing MPs of other parties on behalf of your party, then you are the bribe giver."
He contended that his client was not the "originator of the conspiracy" as it was not he who conspired but it was the person, whose government was to be saved that day on July 22, 2008.
"Now it is quite clear that the object of whosoever was the conspirator on that day was to save the government during the motion of confidence. The motive to secure other parties' votes was to save the party. It was therefore quite natural that this conspiracy originated with those who wanted to save the government on that day," he said.
Jethmalani said it was not in the interest of anybody, including the three BJP MPs Ashok Argal, Faggan Singh Kulaste and Mahabir Singh Bhagora, to meet Amar Singh or visit his house on July 22, 2008.
"Before the alleged visit (of the MPs) to Amar Singh's house, a very significant event occurred when the MPs went to Le Meridien Hotel with hidden cameras installed on their body," the senior counsel said.
He said it was Samajwadi Party MP Rewati Raman Singh, who met the three BJP MPs but there is no evidence that Amar Singh met them. He said that the case against Amar Singh is based on "hearsay evidence" and the prosecution has failed to even trace the money trail.
Jethmalani said there is no prima facie case against his client and even if there is any prima facie case, the court should let a sick person go on a personal bond. Describing Amar Singh as being on the "brink of suicide",
Jethmalani said, "The only ground on which bail can be denied is that if released on bail, there is fear of accused tampering with the evidence or influencing witnesses or absconding or committing suicide."
Public prosecutor Rajiv Mohan vehemently opposed Singh's plea saying that the defence counsel cannot say at the initial stage that the there is no prima facie case against the accused. Regarding Singh's role in the case, the prosecutor said whatever transpired inside the house of Amar Singh has been put before the Parliamentary Inquiry Committee by Faggan Singh Kulaste.
He said the committee recorded the statement of all the concerned persons who have anything to do with the case. Accusing Singh of plotting the bribery scandal, the public prosecutor said Sanjiv Saxena was seen leaving in a gypsy with Rs 1 crore and he reached the house of BJP MP
Ashok Argal and the gypsy he drove was registered in the name of the company in which Amar Singh is a shareholder.
The court, after hearing the arguments on Singh's regular bail plea, listed it for further hearing on September 27 while extended the interim bail of the former Samajwadi Party leader till then.
The judge also asked BJP leader L K Advani's former aide Sudheendra Kulkarni, a co-accused in the case, to appear before it on September 27 without fail. Kulkarni failed to attend the court on Monday despite his September 6 undertaking to the court with his counsel saying that he had not returned from the USA.
"More time is granted (to Kulkarni) but no time will be granted after September 27," the judge said. The judge extended Amar Singh's interim bail saying the terms and conditions of the bail would remain same as those stipulated on September 15 at the time of the grant of interim bail.
The court had granted him interim bail on a personal bond of Rs 2 lakh with one surety of the same amount and also directed him to submit his passport to it and not to leave Delhi without its permission.
